The Duty to Deliver a Will After Death
People store their wills in many places: a home safe, a filing cabinet, with their attorney, or with a trusted family member. Wherever the will ends up, the person holding it has a legal obligation once the deceased person dies. Arizona law does not treat will custody as optional.
After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if none is known, to an appropriate court.
A.R.S. § 14-2516(A)The standard is "reasonable promptness." The law does not set a specific number of days, but it expects action without unnecessary delay. The will should go to someone who can start the probate process, typically the named personal representative. If the custodian does not know who that is, the will goes directly to the court.
Consequences of Withholding a Will
Holding onto a will, whether out of spite, self-interest, or simple neglect, carries real consequences. Arizona imposes two layers of accountability.
A person who wilfully fails to deliver a will as required by this section is liable to any person aggrieved for any damages caused by this failure.
A.R.S. § 14-2516(B)First, anyone harmed by the delay can sue for damages. If a beneficiary lost value on estate assets because the estate could not be administered, the custodian may be on the hook. The same applies if an heir incurred unnecessary legal fees.
Second, if a court orders the custodian to produce the will and they still refuse, they face contempt of court. That can mean fines or even jail time. The message is clear: a will belongs to the estate, not to the person holding it.
Avoiding Conflict of Interest
A custodian who has a conflict of interest, such as someone who benefits from the will not being found, faces particular scrutiny. Probate attorneys often recommend that families store their wills in a location where access is straightforward after death.
If you need to manage the estate of a deceased person and cannot locate the will, you may need to petition the court to compel its delivery. The fiduciary duty to act in the estate's best interest means taking prompt action when a will is being withheld.
Planning ahead for will storage can prevent these problems entirely. Keeping the original in a secure but accessible location, and telling your personal representative where to find it, is one of the simplest steps in the estate planning process.